Constitution of the Jamestown S'Klallam Tribe of Indians
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DOCUMENT: SKLALLAM.TXT


                        C O N S T I T U T I O N

                                OF THE

                 JAMESTOWN S'KLALLAM TRIBE OF INDIANS

     
     
                               PREAMBLE

          We, the Indians of the Jamestown S'Klallam Tribe, 
     create and adopt this constitution for the Jamestown 
     S'Klallam Tribe for the purpose of forming a better tribal  
     government, establishing a tribal community organization, 
     promoting the social and economic well-being of our people, 
     securing our aboriginal land and any and all natural 
     resources therein, preserving our culture and institutions, 
     fostering justice and freedom, and advancing our mutual 
     welfare.  

     
                               ARTICLE I
                          NAME AND TERRITORY

     SECTION 1. NAME: The legal name of the tribal organization 
     shall be the Jamestown S'Klallam Tribe of Indians.  

     SECTION 2. TERRITORY: The territory and jurisdiction of the 
     Jamestown S'Klallam Tribe shall extend over the following to 
     the fullest extent possible under Federal Law:  

     a. All lands, waters, property, airspace, other natural 
        resources and any interest therein either now, or in the 
        future, owned by the Tribe or individual tribal members 
        held in trust status or located within the boundaries of 
        a reservation which may be proclaimed for the Jamestown 
        S'Klallam Tribe, notwithstanding the issuance of any 
        patent or right-of-way;  

     b. All persons, property and activities located or found 
        within the Tribe's jurisdiction;  

     c. All members exercising or purporting to exercise any 
        rights reserved by the Tribe under the Treaty of Point No 
        Point concluded January 26, 1855 (12 Stat. 933) and all 
        property or activity to the extent necessary to implement 
        and protect all rights and powers reserved or granted to 
        the Tribe by the Treaty of Point No Point, the United 
        States Constitution or other Federal Law.  

     SECTION 3. HUNTING AND FISHING RIGHTS: Nothing in this 
     Article shall restrict the exercise of hunting and fishing 
     rights reserved by the Tribe under the Treaty of Point No 
     Point including the right to hunt on all open and unclaimed 
     lands,  and to fish at all of the Tribe's usual and 
     accustomed grounds and stations.  

     
                              ARTICLE II 
                              MEMBERSHIP  

     SECTION 1. The membership of the Jamestown S'Klallam Tribe 
     shall consist of the following:  

     a. All persons whose names appear on the list of members 
        submitted by the Jamestown S'Klallam Tribe in its 
        petition for Federal acknowledgment as an Indian tribe 
        pursuant to 25 CFR Part 54 (1978), who met the membership 
        criteria specified in the petition. The Tribal Council 
        may correct the list subject to approval by the Secretary 
        of the Interior.  

     b. All lineal descendants of persons who qualify for 
        membership under subsection 1 (a), above; provided, that 
        such descendants possess at least one-fourth (1/4) degree 
        Jamestown S'Klallam blood.  

     SECTION 2. LIMITATION: No person shall qualify for 
     membership in the Jamestown S'Klallam Tribe who is a member 
     of any other organized tribe, band, or Indian community 
     officially recognized by the Secretary of the Interior, 
     unless he or she has relinquished in writing his or her 
     membership in such tribe, band or community.  

     SECTION 3. ADOPTION: The Tribal Council shall have the power 
     to enact ordinances governing the adoption of persons as 
     members who have a significant community relationship with 
     the Jamestown S'Klallam Tribe. Adoption ordinances shall be 
     subject to approval by the Secretary of the Interior.  

     SECTION 4. REGULATION OF MEMBERSHIP: The Tribal Council 
     shall have power to enact ordinances regulating membership 
     as to admission and loss of membership; provided, that any 
     person who may lose his or her tribal membership is entitled 
     to a hearing before the Tribal Council and to adequate 
     notice of such hearing.  

     
                              ARTICLE III
                            TRIBAL COUNCIL

     SECTION 1. The representative governing body of the 
     Jamestown S'Klallam Tribe shall be known as the Jamestown 
     S'Klallam Tribal Council.  

     SECTION 2. MEMBERSHIP: The Tribal Council shall consist of 
     five (5) members duly elected to serve two (2) year terms 
     whose terms shall be staggered as provided in Section 3. 
     Tribal Council members shall remain in office until their 
     successors are duly elected and installed.  

     SECTION 3. TRIBAL OFFICERS: The Tribal Council shall consist 
     of (1) a Chairperson, (2) a Vice-Chairperson, (3) a 
     Secretary, (4) a Treasurer and (5) a Councilperson. The 
     Tribal Council may appoint such other officials and 
     committees as are considered necessary, however, those 
     appointees shall have no vote in the deliberations of the 
     Tribal Council. The Chairperson and the Secretary shall be 
     elected in odd-numbered years and the Vice-Chairperson, 
     Treasurer and Councilperson shall be elected in even-
     numbered years. All members of the Tribal Council at the 
     time this Constitution becomes effective, shall continue to 
     serve until the end of their terms.  

     SECTION 4. QUORUM: Three (3) members of the Tribal Council 
     shall constitute a quorum.  

     
                              ARTICLE IV
                            GENERAL COUNCIL

     SECTION 1. COMPOSITION: The General Council shall be 
     composed of all tribal members who are duly registered to 
     vote.  

     SECTION 2. POWERS: The powers of the General Council shall 
     be as follows:  

     a. electing Tribal Council members in accordance with 
        Article V 

     b. deciding on initiative, referendum and recall issues in 
        accordance with Article V 

     c. adopting or rejecting constitutional amendments in 
        accordance with Article X 

     d. dealing with those matters not expressly delegated to the 
        Tribal Council by Section 1 of Article VII.  

     SECTION 3. ANNUAL MEETING: The Tribal Council shall 
     determine the exact date of the annual meeting which shall 
     be held on one (1) of the last two (2) Saturdays of 
     September or the first two (2) Saturdays of October. Advance 
     notice of the meeting shall be given as directed by the 
     Tribal Council.  

     SECTION 4. SPECIAL MEETINGS: Special meetings of the General 
     Council may be called by the Tribal Chairperson with at 
     least fifteen (15) days advance notice posted in public 
     places where tribal members frequent and other appropriate 
     means that may be required by action of the Tribal Council. 
     Special meetings shall be called by the Tribal Chairperson 
     upon his/her receipt of a written request signed by at least 
     three (3) of the five (5) members of the Tribal Council. If 
     the Chairperson fails to call the requested meeting, one (1) 
     of the three (3) requestors shall be empowered to call and 
     conduct that session.  

     SECTION 5. QUORUM: Twenty-five (25) members of the General 
     Council shall constitute a quorum for purposes of conducting 
     business; provided, that a quorum shall not be required for 
     the election of tribal officials.  

     
                               ARTICLE V
                           TRIBAL ELECTIONS

     SECTION 1. VOTER QUALIFICATIONS: Duly enrolled tribal 
     members shall be qualified to vote only if they meet the 
     following conditions:  
        
     a. must be at least eighteen (18) years of age on the date 
        of the election, and;  

     b. must be duly registered pursuant to the tribe's voter 
        registration system.  

     SECTION 2. QUALIFICATIONS FOR CANDIDATES:  Those who meet 
     the following requirements, are eligible to become 
     candidates for either elective or appointive office; 
     provided, that if they have been convicted of a felony, at 
     least five (5) years must have passed since completion of 
     the penalty for such offense (Penalty shall include any 
     period of restriction on civil rights):  

     a. must be registered to vote pursuant to Section 1(b) 
        above, 

     b. must be at least twenty-one (21) years of age on the date 
        of the election.  

     SECTION 3. ELECTION DATES: Regular elections for the Tribal 
     Council shall be held in conjunction with the annual meeting 
     of the Tribe's General Council as provided in Section 3 of 
     Article IV.  

     SECTION 4. ELECTION BOARD: The Tribal Council shall appoint 
     an Election Board whose three (3) members shall serve for 
     three (3) year staggered terms of office. Election Board 
     members shall be subject to removal from office only for 
     cause in the manner set forth in Article VI. The Election 
     Board shall be responsible for impartially carrying out the 
     provisions of the election ordinance described in Section 5 
     of this Article. No person who holds any elective or 
     appointive tribal office, or is a candidate for such office, 
     shall serve on the Election Board.  

     SECTION 5. ELECTION PROCEDURES: The Tribal Council shall 
     enact an election ordinance, consistent with this 
     Constitution, setting forth the procedures to be followed in 
     conducting each of the various types of tribal elections 
     called for in this Constitution. The ordinance shall include 
     mandatory provisions for secret balloting, voter 
     registration, maintaining a current list of qualified 
     voters, absentee voting, screening of prospective 
     candidates, and settling election disputes. Further, the 
     ordinance shall spell out the procedure and format to be 
     used whenever it is necessary to submit petitions and 
     describe how such petitions are to be determined valid.  

     SECTION 6. INITIATIVE: The qualified voters may propose 
     legislation by submitting to the Tribal Council, a petition 
     signed by at least one-third (1/3) of the registered voters. 
     Each page of the petition shall contain a description of the 
     proposed enactment. Within thirty (30) days from the Tribal 
     Council's receipt of a valid petition, the Chairperson shall 
     call an election to be held in conjunction with a special 
     meeting of the General Council, making provision for 
     absentee balloting; provided, that if an initiative petition 
     is received within ninety (90) days before the annual 
     meeting of the General Council, the initiative election 
     shall be delayed until that time. A majority of those who 
     vote shall decide the issue; provided, that at least one-
     third (1/3) of the registered voters cast ballots on the 
     proposed legislation. The decision of the voters shall be 
     binding on the Tribal Council and the Tribe and shall remain 
     in force until amended or rescinded by subsequent action by 
     the voters, or expire by its own terms.  

     SECTION 7. REFERENDUM: The Tribal Council, by an affirmative 
     vote of at least three (3) of its members, shall call an 
     election to be conducted within forty-five (45) days of such 
     Tribal Council decision, for the purpose of deciding issues 
     or questions that are either within the authority of the 
     General Council or those powers vested in the Tribal 
     Council. An affirmative vote by at least a majority of those 
     who vote shall be necessary to decide the issue or question; 
     provided, that-no less than one-third (1/3) of the 
     registered voters cast ballots in that election. The 
     decision of the voters shall be binding in the same manner 
     as provided in Section 6 of this Article.  

     SECTION 8. RECALL: Upon receipt of a valid petition signed 
     by at least one -third (1/3) of the registered voters 
     requesting the recall of an individual official holding an 
     elective office, it shall be the duty of the Tribal Council 
     to call a special election to vote on the recall of that 
     official. Such election shall be held within forty-five (45) 
     days of receipt of the valid petition; provided, that if the 
     petition is submitted within six (6) months of the next 
     annual election, the Tribal Council may direct that the 
     matter be placed on the ballot for that election. If a 
     majority of those actually voting favor the recall of the 
     official, the office shall be declared vacant and filled in 
     accordance with Section 2 of Article VI. No individual shall 
     be subjected to recall more than once during his/her term of 
     office. 

     
                              ARTICLE VI
               REMOVAL FROM OFFICE AND FILLING VACANCIES

     SECTION 1. REMOVAL:  

     a. Should any of the following circumstances occur involving 
        a Tribal Council member, the remaining members of the 
        Tribal Council may by resolution remove such person from 
        office: 

        1. Failure to satisfy the requirements for holding office 
           in Article V, Section 2; 

        2. Absence from three (3) successive Tribal Council 
           meetings without good reason; 

        3. Gross misconduct in office, neglect of duty or 
           conviction of a felony after his or her election; 

        4. Becoming physically or mentally incapable of 
           performing his or her duties. 

     b. Any Tribal Council member subject to removal shall, 
        before a vote is taken, be provided with reasonable and 
        detailed written notice of the charges against him or her 
        and with a fair opportunity to reply to such charges and 
        present evidence on his or her behalf at an open hearing 
        called for that purpose. At least three (3) of the 
        remaining members of the Council must vote in favor of 
        removal to make it valid. The chairperson shall be 
        permitted to vote if he/she is not object of removal 
        proceedings. 

     SECTION 2. FILLING OF VACANCIES:  If any vacancies occur due 
     to removal, recall, resignation or death, the Tribal Council 
     shall appoint a new member, who qualifies pursuant to 
     Section 2 of Article V, to serve until the next regular 
     election when a successor shall be elected to fill the 
     remainder of the term so as to preserve the system of 
     staggered terms of office.  

     
                              ARTICLE VII
                     POWERS OF THE TRIBAL COUNCIL

     SECTION 1. ENUMERATED POWERS: The Tribal Council of the 
     Jamestown S'Klallam Tribe shall be authorized to exercise 
     the following powers, subject to any limitations imposed by 
     Federal Law or the Constitution of the United States, and 
     subject further to all express restrictions upon such powers 
     contained in this Constitution: 

     a. To negotiate with the Federal, state and local 
        governments on behalf of the Tribe and to advise and 
        consult with representatives of the Department of the 
        Interior on all activities of the Department that may 
        affect the Jamestown S'Klallam Tribe. 

     b. To employ legal counsel, the choice of counsel and fixing 
        of fees to be subject to the approval of the Secretary of 
        the Interior as long as such approval is required by 
        Federal Law. 

     c. To approve or veto any sale, disposition, lease, or 
        encumbrance of tribal lands, interest in lands, or other 
        tribal assets; provided, that tribal lands shall neither 
        be encumbered nor sold unless such sale or encumbrance is 
        authorized by Federal Law, nor shall any tribal lands be 
        leased for a period exceeding the time authorized by 
        Federal Law. 

     d. To advise the Secretary of the Interior with regard to 
        all appropriation estimates or Federal projects for the 
        benefit of the Jamestown S'Klallam Tribe prior to the 
        submission of such estimates to the Office of Management 
        and Budget and to Congress. 

     e. To manage all economic affairs and enterprises of the 
        Tribe. 

     f. To appropriate any available funds for tribal purposes. 

     g. To levy taxes on all persons, property and activities 
        within the Tribe's jurisdiction. 

     h. To prescribe conditions upon which non-members may remain 
        within the territory of the Tribe. Such conditions shall 
        be enforced by order of the Tribal Court. 

     i. To enact ordinances and laws governing the conduct of all 
        persons and defining offenses against the Jamestown 
        S'Klallam Tribe; to maintain order and protect the 
        safety, health and welfare of all persons within the 
        Jamestown S'Klallam Tribe's jurisdiction; and to enact 
        any ordinances or laws necessary to govern the 
        administration of justice, and the enforcement of all 
        laws, ordinances or regulations. 

     j. To charter and regulate corporations, cooperatives, 
        associations, special districts, educational, and 
        charitable institutions, political subdivisions and any 
        other organizations. 

     k. To regulate the domestic relations of tribal members 
        within the Tribe's jurisdiction. 

     l. To provide for the Tribal Court to appoint guardians for 
        minors and mental incompetents. 

     m. To regulate and define the duties and procedures of the 
        Tribal Council, of all Tribal Council members and/or 
        subordinate tribal committees and organizations and 
        otherwise establish policies and procedures for tribal 
        governmental personnel.  

     n. To delegate advisory authority to subordinate boards or 
        to cooperative associations which are open to all members 
        of the Tribe regarding any of the enumerated powers of 
        the Tribal Council; provided, that any actions taken by 
        such subordinate boards or cooperative associations shall 
        be effective only when approved by the Tribal Council. 

     o. To purchase, or accept any land or other property for the 
        Jamestown S'Klallam Indian Tribe. 

     p. To request the Secretary of the Interior to confer trust 
        or reservation status on lands granted to or purchased by 
        the Tribe. 

     q. To accept gifts on behalf of the Jamestown S'Klallam 
        Tribe. 

     r. To assert as a defense to lawsuits against the Tribe, and 
        to waive only by express written agreement, the sovereign 
        immunity of the Tribe. 

     s. To develop, manage, protect and regulate the use of 
        water, fish, animals, wildlife, minerals, timber and all 
        other natural resources within the Tribe's jurisdiction. 

     t. To deal with questions concerning the encumbrance, lease, 
        use, management, assignment, zoning, exchange, mortgage, 
        purchase, acquisition, sale, placement in trust and 
        disposal of land and other assets owned by the Tribe or 
        held in trust f or the Tribe; and regulate land use and 
        development in areas within the Tribe's jurisdiction.  

     u. To exercise any power or duty which may now or in the 
        future be delegated to the Tribal Council by the Federal 
        or state government. 

     v. To take any and all actions necessary and proper for the 
        exercise of the foregoing powers and duties and all other 
        powers and duties now or hereafter delegated to or vested 
        in the Tribal Council. 

     SECTION 2. RESERVED POWERS: Notwithstanding the above, the 
     Jamestown  S'Klallam Tribe may exercise all other inherent 
     tribal powers not expressly listed without amendment to this 
     Constitution. Such powers may be exercised by the Tribe's 
     registered voters at a validly called meeting of the General 
     Council under this Constitution. 

     
                             ARTICLE VIII 
                             TRIBAL COURT 

          The Tribal Court shall consist of one (1) Chief Judge 
     and such Associate Judges and Staff as are deemed necessary 
     by the Tribal Council. The Tribal Court is empowered to 
     exercise all judicial authority of the Tribe. Said authority 
     shall include, but is not limited to, the power to review 
     and overturn tribal legislative and executive actions for 
     violations of this Constitution or of the Federal Indian 
     Civil Rights Act of 1968, as well as to perform all other 
     judicial and court functions. The Tribal Council shall set 
     forth qualifications for the Tribal Court Chief Judge, 
     Associate Judges, and staff positions by ordinance, and 
     shall appoint persons to fill said positions for a term of 
     not less than four (4) years for Chief Judge, not less that 
     two (2) years for Associate Judges. During the tenure of his 
     or her appointment, the Chief Judge, or an Associate Judge 
     may be suspended or dismissed by the General Council only 
     for criminal activity, misconduct, negligence, or absence 
     from duty upon due notice and an opportunity for an open 
     hearing. 

     
                              ARTICLE IX
                            BILL OF RIGHTS


          The Jamestown S'Klallam Indian Tribe, in exercising 
     powers of self-government, shall not: 

     1. make or enforce any law prohibiting the free exercise of 
        religion, or abridging the freedom of speech, or of the 
        press, or the right of the people peaceably to assemble 
        and to petition for a redress of grievances; 

     2. violate the right of the people to be secure in their 
        persons, houses, papers, and effects against unreasonable 
        search and seizures, nor issue warrants but upon probable 
        cause, supported by oath or affirmation, and particularly 
        describing the place to be searched and the person or 
        thing to be seized; 

     3. subject any person for the same offense to be twice put 
        in jeopardy; 

     4. compel any person in any criminal case to be a witness 
        against himself; 

     5. take any private property for public use without just 
        compensation; 

     6. deny to any person in a criminal proceeding the right to 
        a speedy and public trial, to be informed of the nature 
        and cause of the accusation, to be confronted with the 
        witnesses against him, to have compulsory process for 
        obtaining witnesses in his favor, and at his own expense 
        to have the assistance of counsel for his defense; 

     7. require excessive bail, impose excessive fines, inflict 
        cruel and unusual punishment, and in no event impose for 
        conviction of any one offense any penalty or punishment 
        greater than imprisonment for a term of six (6) months or 
        a fine of $500, or both; 

     8. deny to any person within its jurisdiction the equal 
        protection of its laws or deprive any person of liberty 
        or property without due process of law; 

     9. pass any bill of attainder or ex post facto law; 

    10. deny to any person accused of an offense punishable by 
        imprisonment the right, upon request, to a trial by jury 
        of not less than six (6) persons.  

        
                               ARTICLE X 
                              AMENDMENTS  

          This Constitution may be amended by a majority vote of 
     the qualified voters of the Tribe voting at an election 
     called for that purpose by the Secretary of the Interior and 
     conducted pursuant to Federal Regulations (25 CFR Part 81); 
     provided, that at least thirty (30%) percent of those 
     entitled to vote shall vote in such election. Amendments 
     shall become effective when approved by the Secretary of the 
     Interior.  

          It shall be the duty of the Secretary of the Interior 
     to call an election on any proposed amendment upon receipt 
     of a valid petition signed by at least one-third (1/3) of 
     the qualified voters, or by a resolution passed by an 
     affirmative vote of at least three (3) members of the Tribal 
     Council.  

     
                              ARTICLE XI
                            SAVINGS CLAUSE

          All enactments of the Tribe adopted before the 
     effective date of this Constitution shall continue in effect 
     to the extent that they are consistent with this 
     Constitution. 

     
                              ARTICLE XII 
                             RATIFICATION  

          This Constitution, when approved by the Secretary of 
     the Interior and ratified by a majority vote of the 
     qualified voters of the Jamestown S'Klallam Tribe voting in 
     an election called for that purpose by the Secretary of the 
     Interior and conducted pursuant to Federal Regulations (25 
     CFR Part 81); provided, that at least thirty percent (30%) 
     of those entitled to vote, cast ballots in that election, 
     shall become effective upon the date of such ratification.  

     
                             ARTICLE XIII
                               APPROVAL

          I, /s/ John W. Fritz, Deputy Assistant Secretary - 
     Indian Affairs (Operations), by virtue of the authority 
     granted to me by 209 D.M. 8.3, do hereby approve this 
     Constitution of the Jamestown S'Klallam Tribe of Indians. It 
     shall become effective upon ratification; provided, that 
     nothing in this approval shall be construed as authorizing 
     any action under this document that would be contrary to 
     Federal Law.  

     /S/ John W. Fritz
     -------------------------------------
     Deputy Assistant Secretary Indian Affairs (Operations)

     Washington, D.C.
     Date: AUG 17 1983

     
     
     c:wpdocs	ribeconstitu.issconstitu.dft

     10/31/92 10:04am Ron

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